What is Section 402 IPC? Assembling for purpose of committing dacoity
Published on: Lawiz Team
Learn about Section 402 IPC: Assembling for purpose of committing dacoity
Official Legal Text
Whoever is found in any place, with five or more other persons, for the purpose of committing dacoity, and assembling for that purpose, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 402 punishes anyone who assembles with four or more persons for the purpose of committing dacoity.
Purpose
To prevent organized criminal activities and ensure punishment for those who gather to commit dacoity.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment up to 7 years, and fine.
Key Elements
1. There must be an assembly of five or more persons. 2. The purpose of the assembly must be to commit dacoity. 3. It is not necessary for the dacoity to be actually committed.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, and a fine.
Illustrative Example
If a group of six people gather with weapons and plan to rob a house, they are punishable under Section 402.
Legal Defenses
If the accused can prove that they were not part of the assembly or that the gathering was for a lawful purpose, they may be acquitted.
Related Sections
Related to Section 399 (Preparation to commit dacoity) and Section 400 (Gang of dacoits).
Important Note
Even gathering for the purpose of dacoity is punishable under this section.
FAQs
What does Section 402 IPC define?
Assembling for purpose of committing dacoity.
How is 'Assembling for purpose of committing dacoity' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 402 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 402?
Examples include real-life cases involving assembling for purpose of committing dacoity.
Is Section 402 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 402 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 402 significant?
It holds importance in the framework of criminal law.